K=1 and tourist visas

[kflyco 0]

Hi everyone-At 30 day mark from my NOA1 and after some discussion with friends in Thailand everyone seems to think it would be easy to have my fiance apply for a tourist visa and visit me in the USA while we wait on the K-1. Any feedback on:

1. What is the likelihood it would be approved.

2. What do they look for when approving a tourist visa?

2. Does it in any way jeopardize the K-1 Approval?

Thanks in advance!

[Harsh_77 718]

You can give a shot, there are plenty of discussion about same in past and you can go thru them.

With an ongoing K1 it is normally difficult to get a tourist visa.

He will have to show he has strong ties to his home country.

[TeapotGirl 66]

Hi everyone-At 30 day mark from my NOA1 and after some discussion with friends in Thailand everyone seems to think it would be easy to have my fiance apply for a tourist visa and visit me in the USA while we wait on the K-1. Any feedback on:

1. What is the likelihood it would be approved.

2. What do they look for when approving a tourist visa?

2. Does it in any way jeopardize the K-1 Approval?

Thanks in advance!

1. The approval will depend on the evidence that you present that your relationship is real.

2. They'll approve tourist visa if you can convince the embassy that your intent of travelling is to just visit that you have enough money to spend, you are coming back and doesn't have any intention to overstay and you have something to look back to Thailand: valuable assets, properties, business after your fiance's name, anything that he can't just leave behind.

3. Jeopardize? I am unsure with this but it sounds like a red flag to the embassy. I'll leave it to others.

Edited September 27, 2011 by teapotgurl1983

[Ning 619]

Hi everyone-At 30 day mark from my NOA1 and after some discussion with friends in Thailand everyone seems to think it would be easy to have my fiance apply for a tourist visa and visit me in the USA while we wait on the K-1. Any feedback on:

1. What is the likelihood it would be approved.

2. What do they look for when approving a tourist visa?

2. Does it in any way jeopardize the K-1 Approval?

Thanks in advance!

Anyone can apply & it is indeed easy but there will be no visa.

Under the best circumstances she wouldnt get a tourist visa. Thailand is a high fraud country where it is very difficult to obtain these visas.

Ability to prove beyond a doubt an absolute requirement to return.

No. However having a visa petition in process will mean there is NO chance to get a tourist visa. Even if she did get one its unlikely she will gain entry at the POE.

[Karee 4,190]

Don't waste your time and money. Just push through with the K visa. There is pretty much no chance of that happening with a K visa pending. It's happened, but rarely. It wont jeopardize the K visa. They'll automatically assume that she has immigrant intent. And even if she does get the visa, chances are she'll be turned away at CBP and sent back to Thailand. That's a long round trip just to see a CBP officer and get sent back.

[Juan & Nan 12]

Hi everyone-At 30 day mark from my NOA1 and after some discussion with friends in Thailand everyone seems to think it would be easy to have my fiance apply for a tourist visa and visit me in the USA while we wait on the K-1. Any feedback on:

1. What is the likelihood it would be approved.

2. What do they look for when approving a tourist visa?

2. Does it in any way jeopardize the K-1 Approval?

Thanks in advance!

You can try, but it is not going to be easy from what I have read here in the past. For the turist visa, they want to make sure that your fiance has enough ties to Thailand to ensure that she will return to her country on time and not over stay. Applying for a tourist visa will not jepardize your K-1 application, however, your K-1 application could easily jepardize your tourist visa.

[TeapotGirl 66]

http://www.visajourney.com/content/k1visit

Can the foreign fiance(e) come to the U.S. for a visit during the K-1 Fiance(e) Visa process?

Yes, the foreign fiance(e) can visit but there are no guarantees that he/she will gain entry.

It is not illegal for the foreign fiance(e) to enter the United States during the K-1 process. However, the burden of proof is on the visitor to show that they do not intend to remain illegally. Tourist visitors to the U.S. are expected to have sufficient funds to support themselves while in the U.S. The U.S. Customs and Border Protection (CBP) presumes that every alien entering the United States is an intended immigrant, unless proven otherwise. Therefore, it is vital that the visitor bring along valid proof-of-ties to their home country.

What kind of documents should the visitor bring to show intent to return to their home country?

Recommended documents to show intent to return to home country include (but are not limited to):

Return ticket.

Copy of lease/rental agreement or mortgage payments for housing.

Letter of employment indicating expected date of return.

Copy of class schedule or other pertinent documents if in school.

If arriving on an extended stay, copy of bank statement showing sufficient funds to support yourself.

If you do not appear to have the means to support yourself while in the U.S. a letter from whomever you will be staying with stating that they will be financially responsible for you during your stay.

If you are leaving a child behind in the care of someone, a letter from them stating when you are expected to return.

Copy of the K-1 application and any NOA(s) received.

How should the visitor respond to questions at the Port of Entry (POE)?

At the Port of Entry (POE), the visitor will be asked some basic questions. Here are some recommendations when responding to the officer:

Answer each question directly and honestly.

Provide answers only to the questions which are asked. Do not offer additional information unless requested to do so by the officer.

Answer yes/no questions with only a "yes" or a "no". Do not provide additional information unless asked.

Additional Information:

Your foreign fiance(e) should bring only the amount of clothing they will require for the length of the visit. If they are coming for a two week visit but are bringing enough items to cover a six month visit, they will give the appearance that they do not intend to return to their home country and risk being turned back.

If your foreign fiance(e) is refused entry to the United States, it will be up to them to cover the cost of the return airfare. For this reason, you should look into having them fly out of an airport where the U.S. POE is stationed within that airport. Pre-clearance locations are limited. Here is a list of airports where pre-clearance is available.

[kflyco 0]

http://www.visajourney.com/content/k1visit

Can the foreign fiance(e) come to the U.S. for a visit during the K-1 Fiance(e) Visa process?

Yes, the foreign fiance(e) can visit but there are no guarantees that he/she will gain entry.

It is not illegal for the foreign fiance(e) to enter the United States during the K-1 process. However, the burden of proof is on the visitor to show that they do not intend to remain illegally. Tourist visitors to the U.S. are expected to have sufficient funds to support themselves while in the U.S. The U.S. Customs and Border Protection (CBP) presumes that every alien entering the United States is an intended immigrant, unless proven otherwise. Therefore, it is vital that the visitor bring along valid proof-of-ties to their home country.

What kind of documents should the visitor bring to show intent to return to their home country?

Recommended documents to show intent to return to home country include (but are not limited to):

Return ticket.

Copy of lease/rental agreement or mortgage payments for housing.

Letter of employment indicating expected date of return.

Copy of class schedule or other pertinent documents if in school.

If arriving on an extended stay, copy of bank statement showing sufficient funds to support yourself.

If you do not appear to have the means to support yourself while in the U.S. a letter from whomever you will be staying with stating that they will be financially responsible for you during your stay.

If you are leaving a child behind in the care of someone, a letter from them stating when you are expected to return.

Copy of the K-1 application and any NOA(s) received.

How should the visitor respond to questions at the Port of Entry (POE)?

At the Port of Entry (POE), the visitor will be asked some basic questions. Here are some recommendations when responding to the officer:

Answer each question directly and honestly.

Provide answers only to the questions which are asked. Do not offer additional information unless requested to do so by the officer.

Answer yes/no questions with only a "yes" or a "no". Do not provide additional information unless asked.

Additional Information:

Your foreign fiance(e) should bring only the amount of clothing they will require for the length of the visit. If they are coming for a two week visit but are bringing enough items to cover a six month visit, they will give the appearance that they do not intend to return to their home country and risk being turned back.

If your foreign fiance(e) is refused entry to the United States, it will be up to them to cover the cost of the return airfare. For this reason, you should look into having them fly out of an airport where the U.S. POE is stationed within that airport. Pre-clearance locations are limited. Here is a list of airports where pre-clearance is available.

Thanks Everyone. I assume, with my fiance in Thailand, that the proof mentioned above will need to be submitted to the embassy during the visa approval process, not the POE. Anyone have experience with the Bangkok emabassy and getting the tourist visa approved with an active K-1 visa application in the works?

[Ning 619]

Thanks Everyone. I assume, with my fiance in Thailand, that the proof mentioned above will need to be submitted to the embassy during the visa approval process, not the POE. Anyone have experience with the Bangkok emabassy and getting the tourist visa approved with an active K-1 visa application in the works?

What you are looking at is generic info that on the suface seems to indicate your fiance can get a tourist visa. It isnt specifc to Thailand as you know.

What took place with others will have little to do with her application. Thailand is very difficult when it comes to tourist visas.

The mayor of Thai Town in L A recently admitted there are about 250 thousand Thais living there. He went on to say that at least 100 thousand of them are there illegaly after entering on mainly tourist visas. This is just one circumstance that affects what BKK does.

The only way you will ever know what will happen is to pay the fee & send her into the embassy. The case will be decided on its own merits. That will include the questions about any pending visa. The case will be denied based on those answers.

USCIS views any person holding any visa as " intending immigrants". This means she must offset that with some very strong evidence ( written ) that she MUST return. That can not be done with a pending K 1 petition.

I suppose you know as USCIS does that once she entered she would not have to return because you could file the AOS docs within days of her entry. In your case doing that with a pending petition could be seen as fraud.